Preview
0i JGINAL CM-110
‘ATFORNEY OR PARTY VVlTHOUT A1'I'ORNEY (Name, and addres's):
State Bar number, FOR COURT USE ONLY
William R. Warhurst SBN: 9555 1
Warhurst Law Office
200 Main Ste 21
St.,
Redwood City,
TELEPHONE
CA 94063
650—288-3390
No.: FAX No. (Optional);650-366-7598 ‘
F
vi.
_
E '
L \
E.
D
ADDRESS
E.MAIL (Optional):
SAN MATEO COUNTY
ATrORNEY FOR Mark P. Monsarrat
(Name): D EC 1 0 2018
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO
STREEr ADDRESS:400
CITY
County Center
ADDRESSAOO County Center
MAILING
AND ZIP CODE: Redwood City, 94063
3y
MW 1 .
Superb! COIN!
WIN (1. .
BRANCH NAME‘ Southern Branch: Hall of Justice and Records
PLAINTIFF/PETITIONER: MARK P. MONSARRAT
FAX
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et a1.
CASE MANAGEMENT STATEMENT CASE NUMBER
BY (Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is $25,000
17CWO3098
exceeds $25,000) or leSS)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Room:2D
'
DatezDec. 19, 2018 Time:9:00 am Dept: 11 Div.:
Address of court from the address above):
(ifdifferent
E Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information mast be provided.
1. Party or parties (answer one):
a.
b. E This statement
This statement
is
is
submitted by patty (name):Mark P, Monsarrat
submitted jointly by parties (names):
17_mv_03098
OMS
Case Management Statement
1537844
2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only)
a. The complaint was filed on (date): July 12, 2017 lltltllllfl
\
b. The bross—complaint, any,
if was filed on (date):Nov. 8,2018
3. Service (tobe answered by plaintiffs and cross—comp/ainantsonly)
a. Allpartiesnamed inthe complaint mammmmpmxt have been served, have appeared, or have been dismissed.
b. The
(1) E named
following parties inthe complaint or cross—complaint
have not been sewed (specifi/ names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify fiames):Marvin Flor; Scott Bogart
c. The may be added
following additional parties (specifi/names, nature ofinvolvement incase, and date by which
they may be served):
4. Description of case
a- Type
Flor
0f case in com plaint E crcss-complaint causes of action):
(Describe, including Plaintiffhired
& Bogart on the recommendation of Reynolds/Remax to reconstruct a house, and paid Flor/Bogart $239,000. Flor
/Bogart did not spend at least $ 167,000 on the house, but on their personal expenses, thus, defrauding In
plaintiff.
addition, the Flor/Bogartwere not properly licensed duringtheirwork, so plaintiff is entitled to return of
...
Page1of 5
Mandatory Use
Form Adopted
for
Judicial Council of California
CAS E MANAGEM ENT STATEMENT Cal. Rules of Court,
3120—3730
rules
CM-1 10
[Rev. July 1, 2011] www.courfs.m.gav
Waiaw Doc& Form Bu‘lder'
CM-110
CASE NUMBER:
— PLAINTIFF/PETITIONER: MARK p_ MONSARRAT
17CIV03098
DEFENDANT/RESF’ONDENTZ MARVIN FLOR dba Good Relations Builder, eta1.
4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Continued fiom part 4.a.:
. allfunds pursuant to Bus.& Prof. Code 7031. Reynolds/Remax were under a legal and professional obligation to disclose to
Reynolds had no factual basis
plaintiff that t0recommend Flor/Bogart.
E (/fmore space is needed check this box and attach a page designated as Attachment 4b .)
5. Jury or nonjury
The
trial
party or parties request
requesting a jurytrial):
a jurytrial E a nonjurytrial. name
(Ifmore than one party, provide the of each party
6.
a.
b.
E
Trialdate
The trial has been set for (date):
No trial date has been set. This case
willbe ready for within 12
trial months of the date of thefiling of the complaint
(if
not, explain):Due to late entryof additional defendants, case will be ready for
trialby August 2019.
c. Dates on which parties or attorneys
willnot be available for (specify dates
trial and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
a.
b. E days (specifi/ number):5 days
hours (short causes) (specify):
8. Trial representation (to
The
a.
party or parties
Attorney:
will
be answered for each party)
be represented at trial 3y the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
Ee. E- mail address.
Additional representationisdescribed 1nAttachment 8
g. Party represented:
9.
10.
E
Preference
This case is code
entitled to preference (specify
Alternative dispute resolution (ADR)
section):
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
(1
court
)
and community programs
For parties represented by counsel:
case.
in this
Counsel
3.221 to the client and reviewed
in rule ADR
- has E
options with the
has not
clie'nt.
provided theADR information package identified
(2) E
For self—represented parties: Party has E has not reviewed the ADR information package identified in rule3.221.
b.
(1) E
Referral tojudicial arbitration or civil action mediation
mediation under
statutorylimit.
available).
(if
This matter Is sulgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141
11 or to civil action
ode of Civil Procedure section 1775. 3 because the amount In controversy does not exceed the
(2) E case to
Plaintiff elects to refer this
CivilProcedure section 1141.11.
and agrees
judicial arbitrafion amount specified
to limit recovery to the inCode of
(3) ofthe California Rules of Courtorfrom civil action
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specifi/ exemption): No one tomediate with,
Amount in controversy far exceeds$50,000
CM-“OIReV~
Ju'v 1- 20111
CASE MANAGEMENT STATEMENT Paw“
CM—110
CASE NUMBER:
PLAINTIFF/PETITIONER: MARK P. MONSARRAT
17CIV03°93
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et a1.
10. c. Indicate theADR process or processes that the party or parties are willing to participate
in,have agreed to participate
in,or
have already participated in (check all that apply and provide the specified information):
The party or parfies completing the party or parties completing this form in the case have agreed to
If
thisform are willing to have already completed an ADR process or processes,
participate in or
pam'cipateinthe followingADR copy ofthe parties'ADR
indicate the status of the processes (attach a
processes (check allthat apply): stipulation):
Likely ready for mediation in
Mediation session not yet scheduled
March—April
(1)Mediation E DUDE
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2)Settlement
conference DUDE
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluafion scheduled for (date):
(3) Neutralevaluation DUDE
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
scheduled
Judicial arbitration for (date):
(4) Nonbinding judicial
arbitration
DUDE
Agreed tocomplete judicial arbitration
by (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
DUDE! Private arbitration scheduled for (date):
(5) Binding private
arbitration
Agreed tocomplete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6)Other (specify): DUDE
Agreed tocomplete ADR session by (date):
ADR completed on (date):
CM-1‘10 [Rev. July
1,2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONERMARK P_ MONSARRAT
17CIV03098
DEFENDANT/RESPONDENTMARVIN FLOR dba Good Relations Builder, et a1.
11.
a. E
Insurance
Insurance carrier.
E
if
Yes E
any, for party filing this statement (name):
No
b.
c. ERe‘servation of rights:
Coverage issues willsignificantly affect resolution of this case (explain):
12. Jurisdiction
E
Indicate
Status:
Bankruptcy E
any matters that may
Other(specify):
'
case and describe the status.
affect the court's jurisdiction or processing of this
13.
a. E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
b,
E
E
Additional cases are described
A motion to E
in
consolidate
Attachment 13a.
E coordinate willbe filedby (name party):
E
14. Bifurcation
The party or parties intend to a motion
file foran order causes of
bifurcating, severing, or coordinating the fiall‘owing issues or
moving party, type of motion, and reasons):
action (specifi/
Other motions
15.
E The expect to file the
pa'rty or parties followi ngmotions beforetrial(specifymoving party, typeof motion, and issues):
16.
a.
b.
E
Discovery
The
The
have completed‘all discovery.
party or parties
following discoverywillbe completed by the date specified (describe anticipated discovery):
all
‘
Pam DescriQtion Date
Plaintiff Depositions of defendants 7-15-1 8
Plaintiff Written 3— 1 5-1 8
c_ D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (speciW):
CM-1 1‘0 [Rev.
July 1, 201 1]
CASE MANAGEMENT STATEMENT Page 4 of 5
CM-1 10
CASE NUMBER:
PLAINTIFF/P ETITIONERzMARK P. MONSARRAT
— 17CIV03098
DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, eta1.
Economic
17.
a. D litigation
This is civil case (i.e., the amount demanded is $25,000 or less) and the economic
a limited
Procedure sections 90—98 will apply to this case.
procedures
litigation inCode
b, D of Civil
This is a limited civil case and a motion to withdraw the wse from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18.
E
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19.
a. E
Meet and confer
The party or partieshave met and conferred with
of Court (ifnot, explain):
allparties on subjects required by rule 3.724 ofthe California Rules
all
b. After meetingand conferring as required byrule 3.724 of the California Rules of Court, the parties agree on the following
(specifil):
20. Totalnumber of pages attached (ifany):zero
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: December 7,2018
. .
Wllham R. Warhurst ’ {A}
.E
i
f
MW‘ a
‘
wx X
[Nid .
.
”‘34”
(g/«v’
,
OR PRINT NAME)
(TYPE (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E Additional signatures are attached.
CM-“O JUN 20111
IReV-
CASE MANAGEMENT STATEMENT Page5°“
Preview
0i JGINAL CM-110 ‘ATFORNEY OR PARTY VVlTHOUT A1'I'ORNEY (Name, and addres's): State Bar number, FOR COURT USE ONLY William R. Warhurst SBN: 9555 1 Warhurst Law Office 200 Main Ste 21 St., Redwood City, TELEPHONE CA 94063 650—288-3390 No.: FAX No. (Optional);650-366-7598 ‘ F vi. _ E ' L \ E. D ADDRESS E.MAIL (Optional): SAN MATEO COUNTY ATrORNEY FOR Mark P. Monsarrat (Name): D EC 1 0 2018 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO STREEr ADDRESS:400 CITY County Center ADDRESSAOO County Center MAILING AND ZIP CODE: Redwood City, 94063 3y MW 1 . Superb! COIN! WIN (1. . BRANCH NAME‘ Southern Branch: Hall of Justice and Records PLAINTIFF/PETITIONER: MARK P. MONSARRAT FAX DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER BY (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is $25,000 17CWO3098 exceeds $25,000) or leSS) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Room:2D ' DatezDec. 19, 2018 Time:9:00 am Dept: 11 Div.: Address of court from the address above): (ifdifferent E Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information mast be provided. 1. Party or parties (answer one): a. b. E This statement This statement is is submitted by patty (name):Mark P, Monsarrat submitted jointly by parties (names): 17_mv_03098 OMS Case Management Statement 1537844 2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only) a. The complaint was filed on (date): July 12, 2017 lltltllllfl \ b. The bross—complaint, any, if was filed on (date):Nov. 8,2018 3. Service (tobe answered by plaintiffs and cross—comp/ainantsonly) a. Allpartiesnamed inthe complaint mammmmpmxt have been served, have appeared, or have been dismissed. b. The (1) E named following parties inthe complaint or cross—complaint have not been sewed (specifi/ names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify fiames):Marvin Flor; Scott Bogart c. The may be added following additional parties (specifi/names, nature ofinvolvement incase, and date by which they may be served): 4. Description of case a- Type Flor 0f case in com plaint E crcss-complaint causes of action): (Describe, including Plaintiffhired & Bogart on the recommendation of Reynolds/Remax to reconstruct a house, and paid Flor/Bogart $239,000. Flor /Bogart did not spend at least $ 167,000 on the house, but on their personal expenses, thus, defrauding In plaintiff. addition, the Flor/Bogartwere not properly licensed duringtheirwork, so plaintiff is entitled to return of ... Page1of 5 Mandatory Use Form Adopted for Judicial Council of California CAS E MANAGEM ENT STATEMENT Cal. Rules of Court, 3120—3730 rules CM-1 10 [Rev. July 1, 2011] www.courfs.m.gav Waiaw Doc& Form Bu‘lder' CM-110 CASE NUMBER: — PLAINTIFF/PETITIONER: MARK p_ MONSARRAT 17CIV03098 DEFENDANT/RESF’ONDENTZ MARVIN FLOR dba Good Relations Builder, eta1. 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Continued fiom part 4.a.: . allfunds pursuant to Bus.& Prof. Code 7031. Reynolds/Remax were under a legal and professional obligation to disclose to Reynolds had no factual basis plaintiff that t0recommend Flor/Bogart. E (/fmore space is needed check this box and attach a page designated as Attachment 4b .) 5. Jury or nonjury The trial party or parties request requesting a jurytrial): a jurytrial E a nonjurytrial. name (Ifmore than one party, provide the of each party 6. a. b. E Trialdate The trial has been set for (date): No trial date has been set. This case willbe ready for within 12 trial months of the date of thefiling of the complaint (if not, explain):Due to late entryof additional defendants, case will be ready for trialby August 2019. c. Dates on which parties or attorneys willnot be available for (specify dates trial and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will a. b. E days (specifi/ number):5 days hours (short causes) (specify): 8. Trial representation (to The a. party or parties Attorney: will be answered for each party) be represented at trial 3y the attorney or party the caption listed in E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: Ee. E- mail address. Additional representationisdescribed 1nAttachment 8 g. Party represented: 9. 10. E Preference This case is code entitled to preference (specify Alternative dispute resolution (ADR) section): a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the (1 court ) and community programs For parties represented by counsel: case. in this Counsel 3.221 to the client and reviewed in rule ADR - has E options with the has not clie'nt. provided theADR information package identified (2) E For self—represented parties: Party has E has not reviewed the ADR information package identified in rule3.221. b. (1) E Referral tojudicial arbitration or civil action mediation mediation under statutorylimit. available). (if This matter Is sulgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 11 or to civil action ode of Civil Procedure section 1775. 3 because the amount In controversy does not exceed the (2) E case to Plaintiff elects to refer this CivilProcedure section 1141.11. and agrees judicial arbitrafion amount specified to limit recovery to the inCode of (3) ofthe California Rules of Courtorfrom civil action This case is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specifi/ exemption): No one tomediate with, Amount in controversy far exceeds$50,000 CM-“OIReV~ Ju'v 1- 20111 CASE MANAGEMENT STATEMENT Paw“ CM—110 CASE NUMBER: PLAINTIFF/PETITIONER: MARK P. MONSARRAT 17CIV03°93 DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, et a1. 10. c. Indicate theADR process or processes that the party or parties are willing to participate in,have agreed to participate in,or have already participated in (check all that apply and provide the specified information): The party or parfies completing the party or parties completing this form in the case have agreed to If thisform are willing to have already completed an ADR process or processes, participate in or pam'cipateinthe followingADR copy ofthe parties'ADR indicate the status of the processes (attach a processes (check allthat apply): stipulation): Likely ready for mediation in Mediation session not yet scheduled March—April (1)Mediation E DUDE Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2)Settlement conference DUDE Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluafion scheduled for (date): (3) Neutralevaluation DUDE Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet scheduled Judicial arbitration for (date): (4) Nonbinding judicial arbitration DUDE Agreed tocomplete judicial arbitration by (date): completed on Judicial arbitration (date): Private arbitration not yet scheduled DUDE! Private arbitration scheduled for (date): (5) Binding private arbitration Agreed tocomplete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6)Other (specify): DUDE Agreed tocomplete ADR session by (date): ADR completed on (date): CM-1‘10 [Rev. July 1,2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONERMARK P_ MONSARRAT 17CIV03098 DEFENDANT/RESPONDENTMARVIN FLOR dba Good Relations Builder, et a1. 11. a. E Insurance Insurance carrier. E if Yes E any, for party filing this statement (name): No b. c. ERe‘servation of rights: Coverage issues willsignificantly affect resolution of this case (explain): 12. Jurisdiction E Indicate Status: Bankruptcy E any matters that may Other(specify): ' case and describe the status. affect the court's jurisdiction or processing of this 13. a. E Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4) Status: b, E E Additional cases are described A motion to E in consolidate Attachment 13a. E coordinate willbe filedby (name party): E 14. Bifurcation The party or parties intend to a motion file foran order causes of bifurcating, severing, or coordinating the fiall‘owing issues or moving party, type of motion, and reasons): action (specifi/ Other motions 15. E The expect to file the pa'rty or parties followi ngmotions beforetrial(specifymoving party, typeof motion, and issues): 16. a. b. E Discovery The The have completed‘all discovery. party or parties following discoverywillbe completed by the date specified (describe anticipated discovery): all ‘ Pam DescriQtion Date Plaintiff Depositions of defendants 7-15-1 8 Plaintiff Written 3— 1 5-1 8 c_ D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speciW): CM-1 1‘0 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-1 10 CASE NUMBER: PLAINTIFF/P ETITIONERzMARK P. MONSARRAT — 17CIV03098 DEFENDANT/RESPONDENT: MARVIN FLOR dba Good Relations Builder, eta1. Economic 17. a. D litigation This is civil case (i.e., the amount demanded is $25,000 or less) and the economic a limited Procedure sections 90—98 will apply to this case. procedures litigation inCode b, D of Civil This is a limited civil case and a motion to withdraw the wse from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. E Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a. E Meet and confer The party or partieshave met and conferred with of Court (ifnot, explain): allparties on subjects required by rule 3.724 ofthe California Rules all b. After meetingand conferring as required byrule 3.724 of the California Rules of Court, the parties agree on the following (specifil): 20. Totalnumber of pages attached (ifany):zero |am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: December 7,2018 . . Wllham R. Warhurst ’ {A} .E i f MW‘ a ‘ wx X [Nid . . ”‘34” (g/«v’ , OR PRINT NAME) (TYPE (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM-“O JUN 20111 IReV- CASE MANAGEMENT STATEMENT Page5°“